Graf v. Pearcy
Oregon Supreme Court
From Multnomah: William N. Gatens, Judge. In Banc. Statement by Mr. Justice Eakin. This is an action by Anna Graf against J. N. Pearcy and C. H. Jacobs. From a judgment in favor of plaintiff, the defendant, J. N. Pearcy, appeals. Plaintiff and respondent files motion to dismiss the appeal.
1DissentJustice Bean
delivered the following dissenting opinion.
The present case differs from that of Cook v. City of Albina, 20 Or. 190 (25 Pac. 386). In the latter the appellant was given an opportunity in this court to perfect his appeal, which he failed to do. For that reason, coupled with the fact that the transcript was prematurely filed, the cause was dismissed. According to the majority opinion, the transcript on appeal in the case at bar was in the hands of the clerk at the time for filing the same, and I see no good reason for denying a hearing on that ground alone.
Section 550, subdivision 4, L. O. L.,…
2Cases cited1 opinion
- Cook v. City of AlbinaOregon Supreme Court · 1890